Deception Flashcards
Section act and elements for dishonestly taking a document
s228(1)(a) crimes act 1961
Dishonesty Without claim of right Takes OR obtains Any document With intent to obtain any: property OR service OR pecuniary advantage OR valuable consideration.
Section act and elements for dishonestly uses a document
228(1)(b) crimes act 1961
Dishonestly Without claim of right Uses OR attempts to use Any document With intent to obtain any: property OR service OR pecuniary advantage OR valuable consideration
Section act liability for causes loss by deception
s240(1)(d) CA 1961
By any deception
Without claim of right
Causes loss to any other person
Obtains definition
To obtain or retain for himself or for any other person
Property definition
As per s2 CA 1961
Any real and personal property, and any estate or interest in any estate or personal property
Service definition
As per R v Cara
Service is limited to financial or economic value, and excludes privileges or benefits
Pecuniary advantage definition
As per R v Hayes
Anything that enhances the accused financial position
It is the enhancement that constitutes the element of advantage
Valuable consideration definition
As per R v Hayes
Anything capable of being valuable consideration, in short money or money’s worth
Dishonesty definition
As per CA
in relation to any act or I mission, means done or omitted without a belief that there was express or implied consent or authority for, from a person entitled to give such consent or authority
Claim of right definition
As per CA
means a belief at the time of the act in a proprietary or possessory right to the property
Take or obtains definition
For tangible property theft is committed by taking when the offender moves the property or cause it to be moved
Uses or attempts to use definition
As per R v Hayes
An unsuccessful use of a document is as much use as a successful one
The intimate obtaining of a pecuniary advantage is not a necessary ingredient of the offence
Documents definition
Any paper or other material for writing or printing
Any photograph
Any disc tape or wire
Any material by means of which information is supplied
Any material derived from information recorded or stored
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record
Deception definition
A false representation (oral, conduct, or documentary) with intent to deceive any person (knowing to be be false or being reckless as to it being false)
An omission to decieve any person
A fraudulent device trick or stratagem to decieve any person
What does the crown need to prove for deception)
That there was an intent to decieve
That there was a representation by the defendant
That the representation was false ( either known to be false or reckless as to whether it was false)
R v Morley
An intention to decieve requires that the deception is practiced in order to decieve the affected party.
Purposeful intent must exist at the time of the deception
Knowledge definition
As per Simester and Brookbanks
Knowing means knowing something or correctly believing. That defendant may believe something wrongly, but cannot know something that is false.
Cameron v R
Recklessness is established if:
The defendant recognised that there was a real possibility that
- their actions would bring about the proscribed result
- the proscribed circumstances exist
Having regard to that risk, those actions were unreasonable
R v Tipple
Offender know of or has a concious appreciation of the relevant risk, and makes a deliberate decision to run the risk
R v Cox
Possession in loves two elements
Physical: actual or potential physical control or custody
Mental: knowledge and intent of possession
